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4. To campaign for an effective balance between security laws and basic freedoms. PDF Print E-mail

At The Justice Project are very much aware of increased threats to security in some areas of the world, and we would not want to prevent governments from being able to take reasonable legislative  precautions to protect the population from the possibility of  security breaches.

 However, even more strongly than that, we believe that any measures taken to tackle security issues must not impinge upon fundamental freedoms.  

Australia's Federal Anti-Terrorism Act 2005 takes away from suspected (ie not convicted) terrorists basic freedoms such  as:

  •  the right to liberty,
  • the right to access to a court and to a fair trial
  • the right not to be arbitrarily detained. 
  • It allows trials to be conducted without the accused having a lawyer present,
  •  without being notified of the evidence to be used. 
  • It allows  people to be arrested and detained for extended periods of time, 
  • without access to legal representation, a telephone, internet or even 
  • permission to notify their families that they are safe.
  • or even, when they are released, to tell anyone where they have been

The most alarming thing is: you don't have to be a terrorist-in-training to be affected by these laws.  The criteria are very loose and can include things like writing for a journal or newspaper, peacefully protesting, being politically active, supporting certain  groups, visiting detention centres, having the wrong friends, or simply being in the wrong place at the wrong time.  Anything where you can be considered to have an opinion in opposition to the government is technicallysufficient to activate the anti-terrorism  legislation.

 The laws attempt to get rid of the important remedy of habeas corpus, which compels the government to explain the reasons for the arrest of detention of a prisoner. Since the 1600s, habeas corpus has been an important way of ensuring that people don't disappear  into the prison system, never to be seen again.  The recent example of David Hicks' imprisonment is a perfect example of why the  principle of habeas corpus can be so important.

Furthermore, this law goes against the separation of powers doctrine. Traditionally, the courts (and only the courts) should have the power  to judge and imprison people.  Accordingly, these new security provisions give all power, unchecked and unfettered,  to the executive branch of government. Just like in a dictatorship, the government acquires all the powers of judge, jury and executioner.

 
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